NUNEZ v. NUNEZ

No. 13235.

423 So.2d 1270 (1982)

Manuel NUNEZ v. Joseph P. NUNEZ.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 14, 1983.


Attorney(s) appearing for the Case

Evangeline M. Vavrick, New Orleans, for plaintiff-appellant.

Kirk A. Vaughn, Edward S. Bopp, a Law Corp., Arabi, for defendant-appellee.

Before REDMANN, C.J., and GULOTTA and SCHOTT, JJ.


REDMANN, Chief Judge.

The issue on this appeal is whether a landowner can recover damages from a contiguous landowner because of the latter's removing a fence erected by their common ancestor in title. Plaintiff bought from the common ancestor in 1963 when the ancestor owned both properties and the fence existed; and the ancestor sold to plaintiff by description "in accordance with" an attached survey that showed that the fence lay precisely along one 55-foot boundary...

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